When the Rules Leave it To You: Exercising Judicial Discretion Under the Rules of Evidence
Course provided free of charge to active judges through an NJC scholarship.
199
Days & Times
11 a.m PDT/Noon MDT/1 p.m. CDT/2 p.m. EDT
Course Location
Online
Course Fees
Course provided free of charge to active judges through an NJC scholarship.
$199
This program will explore one of the most challenging and least codified aspects of evidentiary decision-making: the proper exercise of discretion in evidentiary rulings. Some rules of evidence speak in mandatory terms, requiring the judge to admit or exclude evidence once specific conditions are met, but many others leave the decision to the judge, requiring only that the judge exercise discretion soundly and reasonably. Occasionally, appellate courts provide specific tests and guidelines, but more often, trial judges are left to navigate the gaps on their own, learning only after a reviewing court has reversed a ruling for an abuse of discretion.
Course provided free of charge to active judges through an NJC scholarship. $199
During this course, you will learn to:
- Distinguish between evidentiary rulings that are mandatory and those that are discretionary
- Embrace a principled, fair, and efficient basis for the exercise of discretion on evidentiary issues and beyond.
- Confidently, soundly, and reasonably exercise discretion when appropriate on evidentiary issues and beyond.
- Evaluate evidentiary rulings through the lens of applicable appellate review standards.
This program will explore one of the most challenging and least codified aspects of evidentiary decision-making: the proper exercise of discretion in evidentiary rulings. Some rules of evidence speak in mandatory terms, requiring the judge to admit or exclude evidence once specific conditions are met, but many others leave the decision to the judge, requiring only that the judge exercise discretion soundly and reasonably. Occasionally, appellate courts provide specific tests and guidelines, but more often, trial judges are left to navigate the gaps on their own, learning only after a reviewing court has reversed a ruling for an abuse of discretion.